Highlights of Noteworthy Decisions

Decision 1019 22
B. Pollock - C. Sacco - Z. Agnidis
  • Available employment (offer from accident employer)
  • Non-economic loss {NEL}
  • Permanent impairment {NEL}
  • Post-concussion syndrome
  • Strains and sprains (cervical)
  • Strains and sprains (lumbar)
  • Suitable employment (suitable for worker's capabilities)
  • Loss of earnings {LOE} (eligibility) (impairment)
  • Concussion

The issues under appeal were: a) ongoing entitlement for the noted organic conditions, including a concussion and post-concussion syndrome, after March 3, 2016; b) recognition of a PI and an entitlement to a NEL award for concussion and post-concussion syndrome; c) entitlement to LOE benefits for concussion and post-concussion syndrome after March 3, 2016; and, d) entitlement to LOE benefits after March 3, 2016 to November 21, 2017 for psychotraumatic disability.

The worker's appeal was allowed. The employer's appeal for the rescission of initial entitlement was denied.
In deciding the matter of LOE entitlement, the Panel agreed with the reasoning in Decision No. 69/09 that an offer of suitable work must be sufficiently detailed that workers and their doctors can decide whether the specific duties involved can be performed without exceeding applicable medical restrictions and without risk of further injury. In this case, while the employer indicated it would accommodate the worker's restrictions and limitations, the communication constituted no more than a declaration of intent to provide suitable work. Accordingly, the Panel found that the employer did not make an offer of suitable modified duties, and, in the absence of an offer of suitable modified work, the Panel found that the worker had a loss of earnings as a result of her compensable injuries.